Hilliard v. Burlington Shoe Co.
Supreme Court of Vermont
Appeal in Chancery. Heard on pleadings, master’s report, and exceptions thereto, at the September Term, 1902, Chittenden County, Tyler, Chancellor. Decree for the defendants. The orators appealed. The assignee, being the attorney of the attaching creditors, was interested in the assignment and it is not valid against creditors. V. S. 2171. The assignment created a preference in favor of the attaching creditors, and is therefore void under the same section of the statute.
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Appeal in Chancery. Heard on pleadings, master’s report, and exceptions thereto, at the September Term, 1902, Chittenden County, Tyler, Chancellor. Decree for the defendants. The orators appealed. The assignee, being the attorney of the attaching creditors, was interested in the assignment and it is not valid against creditors. V. S. 2171. The assignment created a preference in favor of the attaching creditors, and is therefore void under the same section of the statute. See Baár v. Brackett, 30 Vt. 346; Bank v. Strong, 42 Vt. 295. The assignment is void under the Bankruptcy Act of 1898.…
1Opinion of the CourtRowell, C. J.
The validity of a statutory assignment by The Burlington Shoe Co., for the benefit of its creditors, is here called in question. The defendants say that the orator is estopped from denying its validity, because of a judgment against him in Philadelphia, where he brought a garnishment suit on the same day, but after the assignment papers were-filed in the clerk’s office of Chittenden County, to collect his debt out of a claim' of The Burlington Co. or of The Champlain Shoe Co., the alter ego of the Burlington Co., as it was formed for the purpose of enabling the Burlington Co. to do indirectly…
2Cases cited4 opinions
- Randolph v. ScruggsSupreme Court of the United States · 1903
- Mayer v. HellmanSupreme Court of the United States · 1876
- McDaniels v. Flower Brook Manufacturing Co.Supreme Court of Vermont · 1850
- National Bank v. R. E. Peabody & Co.Supreme Court of Vermont · 1883
3Cited by2 opinions
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
- Town of Underhill v. Town of JerichoSupreme Court of Vermont · 1930